>> gretchen: you'll hear about that. i have a feeling. or log on for our after the show show. most importantly, have a fantastic day. thanks for sharing your time with us. >> steve: see you tomorrow. >> brian: look, we had one second left. bill: brian, catch you later. good morning, everybody. a fox news alert. the week-long manhunt for a rogue former cop is apparently over, apparently. after a wild standoff and shootout, some of that shootout caught on live television. [gunfire] that is just some of the barrage of gunfire outside a burning cabin where ex-cop chris dorner was believed to be inside holed up. what is believed to be his remains were found insided charred cabin. that has not been confirmed. they're working to i.d. the

party. what a wild day it was and still is now. welcome, everybody. i'm bill hemmer. welcome to "america's newsroom". martha: that was something late yesterday afternoon. good morning, everybody. i'm martha maccallum. we're told he was hiding out in the big bear resort through this entire duration. he was literally right across from the police command center set up to search for him. bill: unbelievable. william la jeunesse live at police headquarters in l.a. terrifying moments for the police but it appears, we stress, that they have their man. william, good morning. >> reporter: you're right, bill. l.a.p.d. does not want to break protocol because it is not their crime scene. the san bernardino county sheriff's office doesn't want to jump the gun until the coroner has a chance to see the body still inside the cabin. the actions of law enforcement tell a different story. that their nightmare, basically one of their own, turning against them appears to be over. the end came for christopher dorner as many predicted it would with a shootout and

likely self-inflicted gunshot. this is the scene yesterday in the san bernardino mountains as dorner sought refuge from a swarm of law enforcement who had descended on him inside a vacant cabin. >> the in the paying bear, they heard a couple of shots. >> shots fired. officer down. officer down. >> copy officer down. >> we have a officer down. >> another officer down. >> suspect shots fired. >> copy automatic fire inbound. >> minimum traffic on this channel. we have the suspect holed up in a cabin. we have been trading shots with him for the last 20 minutes. >> reporter: this all began to happen around noon yesterday when two cleaning women went inside what they thought to be a vacant cabin to clean it. inside was dorner who had taken refuge there after crashing his truck last thursday. he tied the women up. one broke free. he then stole their car, a

purple nissan and was trying to come down the mountain, but, he crashed the vehicle after being spotted by fish and wildlife. he jumped into the woods. then he waited for a second car, a white pickup. he carjacked that driver and again had a run-in with game wardens who i.d.'d him as the suspect, christopher dorner. >> the first was a purple nissan which he ultimately appeared to have been driving too fast, lost control of the vehicle, crashed it. carjacked the second white pickup and then was fleeing the scene which is when our warden noticed him. >> reporter: now according to a reporter who was actually at the scene from one of the local affiliates one of the reasons after they, he jumped out of that second vehicle and they were swarming him in the woods they had a very hard time knowing where the shots were coming from because he had a silencer or suppresser on his gun. he shot the first deputy as he took refuge in that cabin, killing that deputy we're

told. trying to go out the back he wounded the second deputy. as people descended on the cabin he was driven back inside. they had a perimeter surrounding it and then the tear gas, tearing down the walls and then the fire. that is when they heard the gunshot, bill. bill: to think he was across the street literally from one of the police command centers. what happens now in this investigation, william? >> reporter: well, basically we'll have the coroner take out the body. apparently he had some heavy tattoos, depending on his condition of the body they could probably i.d. it quickly or go down to demo records how bad it is, we're not really sure. l.a.p.d. has been very tight-lipped if you will about the investigation. they haven't told us anything about evidence that was collected, any wiretaps, any possible accomplices and if he had help. >> as this investigation unfolds anybody who has assisted him, assisted him

in hiding from the police department, assisted him in avoiding capture or assisted him in any way is criminally culpable. i can assure you the los angeles police department and the direct attorney's office will leave no stone unturned to find out if someone was assisting this man in his terrible crimes and eluding capture. >> reporter: we have a news conference scheduled for 11:00 a.m. eastern. hopefully at that time they may tell us, maybe bring down the protective guard they have over the families. san bernardino county sheriff will have a news conference later today as well. of course bill, four families whose lives have been changed forever. we'll have a funeral later today for deputy michael crane from the riverside police department. back to you. bill: thank you, william. a lot of press conferences as you mentioned and we will track everyone of them. still so many questions out there from california. thank you, william. martha? martha: this man left so much sadness and tragedy in the wake of all this. if you go back to what started this murderous

rampage more than a week ago. we got news monica quan and her fiance were found shot in their car in irvine, california. everybody was trying to figure out what that was, why they would be the target of any murder. then police started to get a sense of dorner's manifesto which was found online and the revenge he was seeking against quan's father who was a former police lieutenant. he represented dorner when he had his own disciplinary hearing and dorner was not happy with his representation apparently. he blamed quan's father for his firing. more on this throughout the show. we'll go back to big bear. we'll get an update from the police. this has just been an unbelievable story to watch all of this play out. and then you've got these elements of people cheering him on after the brutal cold-blooded murder of those two innocent people who had no connection to this whatsoever. bill: we were 24 hours ago thinking this guy might be in mexico. went to big bear, burned his

car and never left the area. martha: how shocking in the crime scenes we find the person is very close to where they were last found. bill: they go back to what is familiar as william pointed out. there will be press conferences coming up later this morning. martha: big "newsnight" last night because as all of that was playing out on one side of the screen, we had president obama laying out his second term agenda in his state of the union address. the president pushed for new legislation on a lot of things, a laundry list of items in second term. guns and immigration to name a couple of those. he did spend as we expected the bulk of this speech talking about how to revive and reignite as he said the u.s. economy. he pushed for more investments which he has talked about all throughout his presidency as his path to improve the economy. he claimed that the new government spending would not add to the alarming deficit that we already have. here is some of last night. >> nothing i'm proposing

tonight should increase our deficit by a single dime. it is not a bigger government we need but a smarter government that sets priorities and invests in broad based growth. [applause] martha: let's bring in stuart varney. stuart, what the president is proposing is it really paid for? it is hard to imagine how that could be. >> well the president is proposing a big increase in government spending. that's how he thinks we're going to get growth in the economy. he is basically saying that it is the private sector that has got to pay for it. there is a long list of items, martha. number one, he wants universal preschool. not a word how that would be paid for. that is a big new entitlement program. number two, $50 billion of road and bridge building. three, one billion dollars spent on 15 manufacturing hubs where up-and-coming manufacturing technology would be encouraged. a billion dollars there. and an energy security trust fund to invest in green energy projects, solar and

wind. and that will be paid for by a new levy on the oil companies. it adds up to a big new activist government spending program paid for by the private sector. does it match? we spend more than we take in from the private sector? we don't know the specifics on that at this point. martha: paid for by the private sector in what sense? increased taxes increased corporate taxes, how, stuart? >> take more money off wealthy individuals by closing so-called loopholes. take more money from corporations especially money they makeover seas and money they makeover seas and they don't bring look what mommy is having.

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bill: so the pentagon's top brass now delivering a stark warning to lawmakers. put the brakes on billions of dollars in spending cuts or put america's security at risk. those cuts, set to take effect at the end of the current meant and military leaders want congress to, at the very least, they want congress to delay the reductions. >> i testified last august to the consequences of

sequestration. if it was to occur and now the wolf's at the door. >> this would be the steepest, biggest, reduction in total obligating authority for the defense department in history at a time when i will personally attest to the fact it is more dangerous than it's ever been. >> on a scale from 1 to 10 one being the least dangerous to our country, ten being the most dangerous, how dangerous is sequestration in terms of the safety of this country? >> well, i'll take a shot at that, senator. you know, from where i sit today, it sure feels like a ten. somebody, some think-tank around town might want to negotiate me down to an eight but it is really serious. bill: not a lot of good was said there. want to bring in retired navy captain chuck nash and fox military analyst. jedediah beliah. and author.

good morning to you. captain, take the military standpoint and jedediah, the political. what would the cuts mean, captain. >> the way they but the cuts forward is happening we'll take 9% from you right now. even though you already given at the office we'll take some more money and, there is lack of flexibility. so it, you only pay 91% of your mortgage, 91% of your credit card, 91%, instead of making a personal decisions to say you know what? it would be nice to go to disney world this year but we're not going and pay 100% of your mortgage and 100% of your credit cards. the way, the pentagon budget structure needs to be seriously revamped nobody will argue that. going in with dynamite and blowing it up, there is going to be more damage done than good. bill: dynamite, that is your comparison? the other day we were told you can take one budget cycle the and set back the

pentagon for an entire generation, it takes that long to rebuild it. odierno, sequestration will curtail training of 80% of ground forces. when you look what is happening in north korea yesterday, when you consider the situation in iran, egypt throughout the middle east? >> yeah, what's happening is with this arbitrary cut, they are going to force changes to policy. the way it should work, in a rational system is you come up with a policy and then the fund the force structure that you need to execute the policy. this completely arbitrary. bill: general emdidsy says, it would be more dangerous than it's ever been with the steepest, steepest cuts at a time like this. politically how do they dig themselves out of this? or do they? and roy blunt the other day told us he believes these cuts will indeed take place on the first of march. >> i think they will as well. remember the gop tried to

avoid this. they put forward a bill that would prevent these cuts from happening and replace other cuts that would not target defense and things that need cuts like the entitlement programs and the democrats don't want any part of that. at this point it would take two very different ideologies coming together. let me also say just because you oppose the cuts, doesn't mean you oppose reform or you oppose limiting overstuffed bureaucracy. these cuts are not targeted properly in the military. you can get waste, fraud and abuse without mismanaging and without mistargeting the cuts that you harm the ability to defend ourselves in a difficult, serious, dangerous time. bill: do you agree with senator blount? is it going to happen? >> yeah. i would say at this point it is going to happen and you have republicans saying at this point we should let it happen. we have to let barack obama to know we're serious about standing our ground on a lot of issues. i think it will happen and i don't think it is terribly

wise it is happening this way. i'm all for cuts. i'm for preventing overstuffed bureaucracy as i said but you can't have arbitrary cuts when our national security is at stake. bill: captain, do you believe it will happen as well? >> yeah, i do think it will happen because both sides are dug in. they pulled the pin on the grenade and now we're just waiting. bill: often times when you wait they figure out a resolution to delay. >> yeah, a lo --. bill: a lot of people think that was the whole idea of sequestration. back it up past the national election, captain. >> yeah, exactly. when you think about it the united states government is in violation of its own federal law, statute. they haven't passed a budget over there in four years. so, you know, we've been operating on continuing resolutions which makes things even worse because now you can't do new start programs. it's a mess. there aren't a lot of profiles in courage around here. bill: jedediah, how does the rest of the world look at this? what do they say in beijing

and moscow and pongyang? >> it was a sign of weakness to the rest of the world. it was interesting in last night responses to the state of the union, both marco rubio and rand paul emphasizing american exceptionalism. emphasizing the world is better place when america is strong. these are precisely the kinds of cuts that are going to inhibit our ability to establish a peace through strength philosophy, a strong reaganesque national security and let the rest of the world know we're serious about protecting our forces in afghanistan, potentially taking on a nuclear iran and a nuclear north korea. addressing the fact as we know al qaeda certainly has not been decimated despite what many people have suggested. bill: 15 days and counting on the calendar. a whole new world likely in march. captain, thank you. jedediah, thank you as well. >> pleasure. bill: 20 minutes past, martha. martha: this woman was one of the heroes on that horrible day at fort hood. she stopped nidal hasan before he could kill more people.

now why is she saying the white house betrayed the victims the fort hood attack? we'll find out more about that. 4,000 people stuck aboard this cruise ship, with no power, no running water, very few toilets. onion sandwiches. raw sewage. yuk. conditions are get getting worse out there. we have a report how to get the folks back to shore. >> stuck in the middle of the ocean, no service, no power, no food. >> she said it was starting to get pretty rough

bill: president obama's controversial pick for secretary of defense set for a vote on his confirmation. former senator chuck hagel cleared by the senate armed services committee to face a full vote next in the senate

but republicans like texas senator ted cruz continue to question his past positions and statements. democrats meanwhile urging their colleagues to approve hagel and move forward. >> senator hagel's record is unusual by any measure. indeed the senate questionnaire asked him to disclose every speech he had given in the last five years. >> sometimes when people are nominated after a fight, everybody makes up, hugs each other around says, hey, now we have to get on with the business here the president needs a secretary of defense, in a world now which has got all kinds of dangers, things going on including north korea. bill: well some republicans have mentioned the possibility of a filibuster. the senate vote to confirm hagel. if they do it raises number of votes required to confirm him from 51 to at least 60 senators. martha: makes me grad you're not on vacation this week. a four-day pleasure cruise has turned into a nightmare.

details really just how gross the living situation is on this carnival ship are really almost too repulsive to share with you. okay. let me leave that for a moment. the good news tugboats are on the scene and they're towing the ship to the shore. the original problem a fire knocked out the engine and plumbing systems on sunday. some of the passengers dragged their mattresses out of their cabin rooms onto the deck so they can sleep out there to get fresh air. they have got, as we understand at this point, at least another day of this to go. casey stiegel joins me now. he is live in dallas. so when was this ship supposed to get back, casey? >> reporter: well, martha it was supposed to get back this past monday. now it looks like it may not arrive until tomorrow. instead of going back to galveston where it originated, now it will be arriving in mobile, alabama. as you said you may want to put down your wheaties. we'll not get into too great detail. some passengers are texting

and calling their loved ones back here onshore and they're describing very foul conditions. the carnival triumph is the ship that we're talking about. let's show you video from the u.s. coast guard. some stills that have been gathered. it was headed for mexico, but as you said the fire on sunday knocking out power to the ship's propulsion system. so it is essentially sat floating in the gulf more than 4,000 people on board this thing. and, there are reports of limited hot food, toilets not working, human waste running down the walls and floors, yikes!. of course that is now raising some serious health concerns. >> now you've got the possibility of disease, right? i mean we see norovirus outbreaks pretty quickly on the ships. i imagine the housekeeping department right now is doing double-time duty, not only cleaning up a mess coming out of the drains but wiping down every handrail, every elevator button, everything in the common areas. >> reporter: if there silver lining here no injuries have been reported on board. again, martha, scheduled to

arrive in alabama sometime we hear from officials on the ground between 1:00 and 4:00 p.m.. martha: boy, those poor people. you would not want to be on the cleaning detail on that ship right now. so what has been the company, carnival's response to what's happening here? >> reporter: well obviously they're working very closely with the u.s. coast guard. those tugboats getting this vessel back to the united states. passengers they say are clearly going to be given a full refund. in fact, including a credit toward a future carnival cruise. if they want to get on a boat after this whole ordeal, the president and ceo of carnival cruise line is holding a press conference last night in miami. >> since sunday morning our focus has been on ensuring the safety of everyone on board the carnival triumph and getting our defts home as quickly as possible -- guests. >> reporter: carnival calling family members back at home, keeping them updated on the whole nightmare. martha: i think i would take the cash instead of another

cruise. case sir, thank you very much. bill: take the purell. martha: i don't understand why they can't bring another ship and load everybody onto that like when a school bus breaks down? we'll find out. bill: alabama never looking better. you will hear so from some of them later today. president obama asking republicans to take act shun on his proposals but they're not buying it. martha: pope benedict speaks out for the first time since he announced his stunning retirement. the emotional reaction. [ coughs ] [ breathes deeply, wind blows ] [ male announcer ] halls. let the cool in.

bill: immigration front and center in washington. the senate judiciary committee will hear from a variety of groups with a stake in the debate including the homeland security secretary and business leaders t cops as new fox poll find voters are split on the issue. 43% say securing the border should be the number one right priority. 41% believe passing new legislation is issue number one. the rest say do both at the same time. doug mckelway is live on the hill. sounds like there is bipartisan consensus on this reform. the question is form does the reform take place? good morning. >> reporter: we'll find out exactly what form the consensus will take place in the senate judiciary

committee gets you know way just about as we speak. the hearing is owing as eight members of senate, four republicans and four democrats crafted a proposal that seems to be gaining traction, where the president appeared, appeared to pretty much endorse last night during the state of the union address. here's the president. >> bipartisan groups in both chambers are working diligently to draft a bill and i applaud their efforts. let's get this done. send me a comprehensive immigration reform bill in the next few months and i will sign it right away and america will be better for it. >> reporter: but there is one potential sticking point, at least one potential sticking point and senator marco rubio hinted at that in his response to the state of the union address last night. listen up to senator rubio. >> we need a responsible permanent solution to the problem of those who are here illegally, but first we must follow through on the broken promises of the past to secure our borders and enforce our laws. >> reporter: the president has said that he wants to provide a path to

citizenship foy 11 million illegal americans in the country right now without first securing the border, and for a lot of republicans especially conservative republicans that is a nonstarter. in fact look for senator jeff session, conservative republican from alabama today, to vigorously question dhs secretary janet napolitano about precisely that. he's called for the resignation of the ice head, john morton because of the lack of enforcement. bill? bill: what is the time frame on this, doug? >> reporter: what's unusual about this bill is expected, this legislation is expected to follow regular order. we're talking about committee hearings, markup, a conference committee with it ending up on the president's desk as early as this summer. perhaps after the august recess. if the president however insists on immediate pathway for citizenship for those 11 million it will be scene by conservative republicans as a poison pill and may jeopardize the spirit of bipartisanship we are seeing

now. bill: thank you, doug mckelway on the hill this morning. martha: not surprisingly republican say president obama laid out a partisan agenda in his speech. before the president spoke house speaker john boehner said mr. obama did not have the quote, guts to tackle our nation's crushing debt. after the address john boehner said this, quote. we're only weeks away from the devastating consequences of president's sequester and he failed to offer cuts needed to replace it. in the last election voters chose divided government which offers a mandate to work together to find common ground. the president instead appears to chosen a go it alone approach to pursue his liberal agenda. that is from john boehner speaker of the house after the state of the union speech. let's bring in our guests. iowa republican congressman steve king. he is on the house judiciary committee. good morning congressman king, good to have you with us today. >> good morning, martha. good to be with you. martha: a lot of folks are saying given the speech last night, the tenor of it, really indicated the

president is pushing more for a nancy pelosi as speaker of the house in 2014 than he is for the two sides to come together and get anything done in the meantime. do you agree? >> well, i am convinced that the president's strategy, and i think inside his echo chamber at the white house they're talking about republicans who can be divided how they will drive wedges between us and split republicans against republicans. that would be advantage the president is looking for is on comprehensive immigration reform he spoke to last night. he said send me a bill i will sign it right away. he made a commitment to sign a bill that isn't drafted and we don't know what will be in it. one of the things that unites republicans and also divides democrats is the statement that he made on global warming. if congress doesn't act, he will. he has said that he is willing to cross constitutional lines and use the executive branch, executive orders and rules changes and he said to us last night, that is how i heard it anyway, he is determined to use everything he can to push the

cap-and-trade piece through us and implement it through executive action if congress does not agree. that is divisive. that works the other way. martha: there has been a trend to the executive order activity out of this white house. so what do you do when you look at that situation as a republican in congress? >> well, you know, we can do some things around the edges. it is awfully hard to message against the president. he has the bully pulpit. so what we do is, we have to, as republicans, lay out the vision for how to put america back on track. i noticed last night the president said the state of the union, he didn't say strong, he said stronger. and a lot of us thought, stronger than what? but we need to make the case on what america shall be and should be and that means bigger ideas, and that means laying out some things. to the future of this, i would say we have the sequestration debate right ahead of us. the president lectured us on that. that was his idea. he needs to take the blame for sequestration. i don't think we get a lot done in that battle. i don't think we get a lot

done in the cr battle that comes up in march. but i do think the debt ceiling debate ahead of us in may and beyond is a place where we can put the marker down for a balanced budget amendment. martha: laid out that way doesn't sound liked you guys will have a whole lot to do. sounds like a lot more paralysis that is a thing frustrating to so many americans on both sides of the aisle. perhaps, you know, republicans need to articulate, you know, more clearly to the american people what your vision is for spending cuts. i, i know you probably feel you tried to do but is there something done on both side to prove to the american people that you're working and you're trying to present something that could build some kind of a bridge to get something accomplished before 2014? we're constantly in an election cycle it feels? >> it seems like that in the house where we're up for election every two years. building a bridge on spending when you have a president that says we do not have a spending problem. then he advocates for a series of programs and says

it is not going to increase our deficit by one dime. i don't know anybody that took that statement seriously. i looked around the chamber, how can he have the audacity to say such a thing. we're a long ways away. republicans believe spending is a problem. the president says it's not. martha: we're almost out of time. let me ask you this if the motivation at the white house is to put nancy pelosi back in as speaker of the house, how organized is the republican effort to prevent that from happening. >> of course we're organized. all of our seats out there, the people have elected the republicans here and returned the majority back to the house. in the end the organization is sell this to the american people. go out and campaign and win the elections. i think it will come back, at least as far as i can see as a majority. but i do think that the tone and tenor and, i'll say the future after republican majority in the house will likely be determined in the sequestration, the cr and the debt ceiling debate. all this in first half of this year. martha: congressman king, thank you so much.

>> thanks, martha she was a guest of honor three years ago at the state of the union but the woman considered a hero in the fort hood massacre is now speaking out and says the president has betrayed her and the victims. and she is not alone. martha: very interesting story. it is ash wednesday today, the beginning of lent and the pope speaks for the first time since announcing his stunning retirement. what the pope is now saying. >> very excited to be here. we're from the united states and we were just coming for vacation and now him getting, so i'm very excited.

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they're still working to identify the remains of the man they believe is christopher dorner. according to ap the ex-policeman's california driver's license with his name on it was indeed found indeed inside that cabin. bill: she says she has been betrayed by her president. former officer kimberly munley, one. heroes in the fort hood massacre, says president obama has broken his promise to assure the victims were taken care of. >> betrayal would be the a good word. not to the least little bit have the victims been taken care of. in fact they have been neglected very badly. >> so the president's promise was not fulfilled? >> no. bill: hundredly is not alone. with other fort hood victims she is suing the military claiming the government is calling the massacre workplace violence is nothing short of political correctness and means less medical care and benefits for

we have a senior legal fellow at the heritage foundation. good morning to you. we heard this from other victims but when she uses the word betrayed and speaks about it for the first time it gets another headline. >> yeah. got to hand it to this woman. it is pretty courageous of her to say that. look all victims like her and those involved in the shooting and any victim in the criminal justice system including the military justice system deserve to be treated with respect and deserve the services that they have earned and so i'm hopeful that this segment and other segments and light put on this, the lawsuit, action in congress, will bring some light to this and corrective action can be taken. bill: you wonder why it has taken so long. what is the holdup here? >> well, number one, bill, there is an ongoing trial. they're still in pretrial stages of the hasan case. i think some people are

reluctant to do anything that might in their mind disrupt the trial or cause a negative impact on the trial. i see it as a little bit differently. look, the accused is presumed innocent until proven guilty beyond a reasonable doubt like any defendant in any american court but if they change the rules so these folks could be awarded purple hearts, if they're deemed worthy of it, and i think many people believe they are, i do, that won't have any negative legal impact on the trial. in fact it might help things because, you would see somebody like the defense attorney saying well, you actually got awarded a purple heart to testify the way you did. they could come back, say, no i got a purple heart because i earned it. bill: workplace violence when the guy is shouting a la talk bar in front of you. munley shot three times. another victim shot six times in the state of washington almost a year ago. abc has exclusive video. that is the report from "fox files" done last june. in that story we show how

sean man something ticked off. he feels the same way munley feels. so here's the exclusive video from abc. roll this here. bill: in uniform. in uniform. on post in the u.s. that is stunning to watch, cully. >> it really is, bill. the look the fort hood shooting report that came out of the pentagon left a lot to be desired. we talked about this before. they didn't mention the motivations this accused had. they didn't mention in detail the contact that he had with al-awlaki now dead the american cleric who was killed by a drone strike. the fact is that these folks deserve to be treated with respect and deserve services and i'm hopeful, just like this network did a lot to get the marine who was jailed in mexico out of jail

because they put a lot of attention on this, that the attention drawn to these folks who feel the way they do for good reason will help them in their plight. bill: well the more people that report on it, perhaps, that it comes their way. >> yeah. bill: but when i think about the time i sat down with sean manning, and what he is going through in his young marriage and trying to figure out in his own mind, you know where the future lies. and you know, his own health and well-being he is just one of several. >> yeah. bill: now we see it again and we'll see what happens here. >> let me add this if i could add one thing, bill. bill: quickly. >> the army secretary is a good man. he is a solid citizen. he wants to do right. remember he was a former republican congressman from new york and i'm sure the secretary mchugh puts this on his radar screen will do everything he can to get it right. bill: let's hope so. charles simpson out of washington today. martha.

>> thanks. martha: florida senator marco rubio was the man up last night to deliver the republican response to the state of the union. so how did he do? we'll look at the starkly different mess than that he -- message than he had from the presidents. we'll get a fair and balanced panel how marco rubio did. >> more government isn't going to help you get ahead. it will hold you back. more government will not create more opportunities. it is going to limit them. and more government isn't going to inspire new ideas. new honey bunches of oats greek yogurt and whole grain.

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bill: he is no ordinary joe because he is banana joe. he is best in show at the westminster dog show. >> best in show winner, for the 137th westminster kennel club dog show, the affen pinscher. bill: oh, he is a stud, too.

martha: he is so cute. bill: really is. looks like banana joe is going out on top. the owner says he will retire back to the native holland. back to europe he goes. but not before he put on a show here in new york. martha: when you name a dog, you think like, that name really suits that dog. somehow when i look at this dog, i'm not thinking banana joe. bill: no. martha: banana joe so me is big yellow lab, not a cute little fluffy black dog. does not look like a banana dog. bill: joe was in control the entire time. that was one confident dog. go joe. >> now from the westminster dog show to the vatican. that is an interesting turn this morning. an emotional scene is playing out at the vatican today as pope benedict xvi speaks publicly for the first time since he handed in his resignation. thousands of people in the crowd repeatedly interrupting him with applause throughout. many had tears in their eyes according to those on the

scene. when he spoke the 85-year-old explained his decision to step aside in this way. listen. >> translator: i did this in full liberties for the good of the church. i felt felt almost physically during these not easy days the strength of your love and prayers for me. continue to pray for me, the church and the future pope and the lord will guide us. martha: going to be a very interesting next six weeks to watch in the catholic church. amy kellogg joins us now in rome. amy, tell us a little bit more about what he had to say this morning. >> reporter: well, he said that he was really digging into his conscience, guided by god in making this decision, martha. there has just been so much reaction. the italian press, for example, is just going on and on about the facts or the thought maybe it was the politics of the vatican that really drove this german pope to his decision to step down. other people saying that

they're disappointed that, and still shocked that he has made this decision because the pope, after all, answers only to god. so how could he take this decision to step down. others are saying bravo. this was a very modern, progressive and fabulous decision for him to make and set as positive precedent for the future. today people listened to him for the first time, not up close and personal but right there in the same chapel, in the same church, in the cathedral. they said that they were, they saw his humanity and they were moved. >> translator: i felt badly because this is a person who answers to god. we didn't expect this but maybe in this world we have flown too high and this was a very human gesture. >> reporter: right now there's the ash wednesday service at that the pope is leading and then he has a few more engagements before

he steps down on the 28th of february, martha. martha: amy, thank you so much. bill: what a week that will be. in a moment here back to california, do police have their man? we're about to find out. live in california next. i love to eat. i love hanging out with my friends.

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i wish i had adt. i'm glad we had adt. [ male announcer ] get adt installed for just $99. and ask about adt pulse, advanced home management here today. adt. always there. martha: we start with this fox news alert. the manhunt for a rogue ex-policeman appears to be over today. there is the burnt-out cabin where christopher dorner apparently made his final stand and what a final stand it was between him and the police in big bear, california. the ap just reporting moments ago that they can confirm that his driver's license was indeed found inside that rubble in that cabin. and that tells us really the first clue that we have to getting confirmation that he was in there. which we believe is the case. brand new hour starts now of "america's newsroom." good morning, everybody. glad to have you with us today. i'm martha maccallum. bill: i'm bill hemmer. good morning as well. that week long search ended

when dorner barricaded himself in a cabin and got into a intense firefight with the police. a local tv station was there when it happened. have a listen. [gunfire] here is how this all went down. police say a cleaning crew stumbled on dorner at a cabin they thought was empty. dorner took two maids hostage. about 12:20 in the afternoon local time one of those maids broke free and called 911 and said dorner took off in a purple nissan. 20 minutes later police see dorner and a chase begins. dorner apparently crashes the car. hijacks another one before crashing and escaping in the woods. around 4:00, local sheriffs deputies get in a shootout with a man believed to be dorner barricaded him in an empty cabin. two officers injured. 20 minutes later the cabin was engulfed in flames. no word how that fire started. 9:00 p.m., the burned out

cabin still too hot to enter and more than two hours later confirmation that charred human remains were found inside that cabin. martha: alicia acuna joins us now, live from big bear, california. so what happens today, alicia? >> reporter: well, martha, some work will need to be done to identify the remains that were found inside that cabin and that will be done by the forensic investigators. you mentioned the driver as license, personal items. that obviously gives us a huge indication and officers say that they're pretty, pretty sure that this manhunt is over. you can see what is left of the cabin where dorner tried to barricade himself earlier while holed up but, as you mentioned at another residence two maids walked in on him and he tied up and stole their car. that is point one on this map here. one of the maids breaks free, calls the cops. the cops locate dorner and the stolen car. he crashes it and takes off

and carjacks somebody else. that occurs in location number two on the map. take a listen. >> i saw some movement in the trees and it was christopher dorner. he came out onto the road out of the snow and he pointed his big rifle at me and my truck. i stopped, put my truck in park, put my hands up and he said, i don't want to hurt you, just get out and start walking up the road and take your dog with you. he was calm. i was calm. i would say i was in fear for my life but there was no panic. he tell me what to do and i did it. >> reporter: that takes us to location number three on this map, the cabin where the man had come to a dramatic end. now, martha, we're expecting updates today from the l.a.p.d. as well as the san bernardino sheriffs department. martha. martha: boy, it is a very tough day for the san bernardino sheriffs department because they lost one of their own in this shootout yesterday. what can you tell us about that, alicia? >> reporter: yeah. that's right. there were two deputies who

were shot in that shootout that happened at the cabin and one died of his wounds at the loma linda hospital and the other one sustained very serious wound and could require multiple surgeries. california governor jerry brown is expected to attend the funeral of riverside police officer michael crane who dorner ambushed at a stoplight. so when one of these news conferences that we're supposed to have today has been scheduled for later in the day so that many of the officials can attend this first of what will be four funerals. martha? martha: thank you so much. more on that later. bill: this entire ordeal began last week in los angeles of the investigators say that dorner murdered the daughter of a retired l.a. police captain and her fiance in retaliation for his being fired back in tween. more than 50 other officers and their families also named in dorner's online manifesto. the mayor of l.a. taking time to thank police for all

their efforts to keep the rest of the community safe. >> i also want to say something about the men and women and their families who were targeted. i've called the a number of them over the last few days to tell them that our hearts and prayers are with them. none of us can man what they have had to go through, what their children have had to go through because of the threats of christopher dorner and i just want to thank the members of the los angeles police department who put their lives on the line every single day. bill: there are investigations now into dorner's claims of racism within the department. you can imagine now what we believe is a resolution finally in the end, how much relief there is in that community. martha: yeah. bill: a long time for that. martha: in many ways how long this went on and the huge effort that was underway to find this guy. and as we've seen before he was not all that far ain

end. all right. we have more coming up on all of this. bill: certainly do. yet another of the president's nominees for cabinet facing a grilling on the hill. the confirmation hearing for jack lew as treasury secretary just getting underway. he is a former executive at the bailed out banking giant citigroup. served at the president's chief of staff. one republican senator already threatening to block his confirmation. >> normally you don't filibuster cabinet people. we try not to do that. it is not done often, maybe almost never in the senate but this is a big deal. bill: a big deal. mike emanuel is on the hill. we understand there is something jack lew said that may come back to bite him today. what is that, mike? >> reporter: that's right, bill. we expect some tough questions inside that senate finance committee hearing about jack lew's role at citigroup. obviously they got a taxpayer-funded bailout. what was he doing at citigroup and did it contribute to the ultimate financial collapse at the end of the bush administration that required taxpayers to step in and rescue wall street? we also expect we will get

some heat for his personal invests in tax havens in the cayman islands, something that mitt romney and republicans ha gotten hammered for by democrats. we found out that jack lew invested in kay ma'am -- kay islands to take advantage of tax havens. in terms of comments, 2011, jack lew made this statement. it is an accurate statement that our current spending will the no be increasing the debt. we stopped spending money that we don't have and yet here we are several years later and a trillion dollar deficits continue, bill. bill: the republicans believe that jack lou lied under oath? are they making that claim, mike? >> reporter: at the very least republicans believe he was selling white house spin when he was testifying before the senate budget committee of. the top republican on the budget committee, jeff sessions says he goes further than that. he sent a letter and he

writes it was a key moment in a deliberate art -- art at this fast that lead the american believe that the president's budget put us on a sustainable fiscal path when it was no where close. the president's budget over ten years lays out a plan would essentially build $13 trillion in debt. jeff sessions says he believes jack lew is deliberately lying, expect some fireworks in that hearing moments from now. bill: we shall. headlines momentarily. thanks, mike emanuel on the hill in that hearing. martha: let's swing overseas where there are new concerns about iran's efforts to go nuclear. the islamist state saying they're installing a new generation of centrifuges at the main facility making nuclear fuel. this comes as iran talks with united nations inspectors as they investigate the suspected weapons-related tests. they say they will only make the centrifuges for making low level enriched-uranium. a lot people are concerned

that may not be the case. bill: we were talking about north korea yesterday whether plutonium or uranium. that is lot closer to achieving your goals. 4,000 people stranded on a cruise ship for yet another day with barely enough power to run the toilets. do they have food? is it running out? people sleeping in tents on the ship's deck? i mean what a mess that must be. we will talk with the husband of one of the passengers about what he's hearing about his own wife on booed. martha: -- board. martha: republican rising star senator marco rubio gave the republican response to the state of the union last night. our panel takes a look on how he did. >> the tax increases and the deficit spending you proposed will hurt middle class families. it will cost them their raises. it will cost them their benefits. it may even cost some of them their jobs. [ female announcer ] with 40 delicious progresso soups at 100 calories or less, there are plenty of reasons people are saying "progress-oh!"

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bill: after president obama finishes his address senator marco rubio immediately hit back with the official

republican response. our chief political correspondent carl cameron is live on the story in washington now. carl, good morning. >> reporter: good morning, bill. marco rubio basically argued that the president is continuing to grow government and pile up debt and this really was the biggest watched speech of any republican since mitt romney lost the election last year and part of what rubio was trying to do is close the book on that and combat a lot of the class warfare rhetoric over the last election and of the democratic administration and mr. obama and the white house, that republicans are somehow against the middle class and minorities. here is little bit from marco rubio last night. >> the favorite attack of all that those of us who don't agree with him, that we only care about rich people. mr. president, i still live in the same working class neighborhood i grew up in. my neighbors are not millionaires. the tax increases and deficit spending you proposed will hurt middle class families. it will cost them their raises. it will cost them their benefits. so mr. benefit i don't oppose your plans because i

want to protect the rich. i oppose your plans because i want to protect my neighbors. >> reporter: he is considered by many in the republican party to be the face of the future. a cuban descent, a freshman senator. coauthor of the senate bipartisan proposal for comprehensive immigration reform. marco rubio did pretty well by most republican accounts last night. it is not easy for the party giving the response to the state of the union to compete with the grandeur of the president's joint address to congress but for the most part republicans think he did a pretty good job and they're off to renewed courtship between the middle class and minorities. bill: carl cameron, a follow-up from washington. we know he is thirsty man and has a sense of humor, right, martha. martha: a lot of attention to the sip of water that he took, senator rubio made fun of that on "fox & friends." we'll show you a little bit of that in just a moment. basically he highlighted how republicans believe bigger government will not help americans get ahead. rather he said as you saw it will hold them back.

alan colmes is joining us now, host of the "alan colmes radio show" and a fox news contributor. gretchen hamel is a former spokeswoman for the house republican conference. welcome to you both. both of these speeches really closely watched last night. no doubt marco rubio wants to make a mark for himself. wants to make it very clear how he is very different from the president in terms of his philosophy and turning the economy around, alan. >> i don't know, it was great product placement. i think that is what that thing was about. i thought it was funny he tweeted a picture i think of him with the water bottle. but that aside i don't know what he offered that was new. he seemed like he was responding to a speech that i didn't hear the president give when he started talking about again, how the president wants to raise taxes on middle class, which he has not done. i don't know what he was referring to in some of the criticism of the president. he also said he was going to be less critical than he was going to be ahead of the speech in ever ing remedies. i didn't hear any remedies other than the same old tired democrats want to raise your taxes, democrats

think government is the answer to to everything which is the opposite what the president said and opposite what the president has done. i don't know what he was responding to. i don't think he responded to the actual speech president obama gave last night. martha: i don't know. i thought in many ways he did. >> i don't. martha: what do you think?. >> oh, i thought he did respond. let's be honest. he was a little parch after hearing the president and his big spending agenda. they agreed on one thing and that was immigration. there was clearly a big divide between the president and rubio. the president basically laid out the same thing he has for the past four years. that he wants to expand government. he wants more spending. he wants to increase deficits. and more bailouts, more stimulus and rubio said, no. we need something different. we need to put the power in the people's hand and let americans do what is best and get the government out of the way. martha: i mean i don't know, alan, how you can look at it any other way, really. >> well, i do. that's why i'm here. martha: let me finish my question. some people believe this is the way to stimulate the

economy and the president is clearly one of them. he talked about expanding education spending. expanding green energy. expanding infrastructure. and he said all these things would create so much growth -- >> they do. martha: the programs once put in place and the growth they spur you would not necessarily have to take on more deficit spending it has not worked that way. >> as a matter of fact the deficit down. the rate of spending is down and projected deficits are down. and certainly deficits a percentage of gdp is down. it is not accurate to say deficits are going up under this president. furthermore we see spending stimulus bill and one started under george w. bush which is tarp has actually helped the economy. in fact had we spent more and faster it would have helped the economy even more. martha: gretchen. >> let's look at the facts here the since the president has taken office we're 6 trillion dollars more in debt. so say he has -- >> deficit is down. >> that is such, come on alan. martha: the deficit, you know, increase in deficit

might be down. the percentage of gdp might be down. >> that is how you look at it. martha: deficit is 6 trillion dollars highers. >> you're coming off a stimulus. so that shows there may be a little bit of blip in how much it is per gdp because we just went and put $800 billion into the economy. but, if you look at his record, it has shown that this president doesn't care about the debt and deficit. >> that is absurd. >> promises he made in 2009 to cut the deficit in half by the time finished his first term. he did not do that. to go to the point about gdp look back at the last gdp numbers. we had negative growth for first time in 3 1/2 years. why? it showed the government was propping up the economy and that is living on borrowed time and borrowed money. martha: i want to get back to marco rubio for the last question. we could go back and fourth on that for a while. is marco rubio emerging as, you know, sort of the new standard-bearer, short of election period for the gop?

alan, what do you think?. >> i think republicans would like that. they would certainly like somebody with hispanic heritage be that person and think they would like him to be a symbol of an expanding possible electorate that the republicans can appeal to. whether or not he can actually fill that role, i don't really know. i didn't see he offered anything new. what was the alternative republicans offered last night except same old criticisms of democrats. martha: gretchen, last night, whether marco rubio is emerging, a lot of is given to him over the past couple weeks. he is that man right now? >> he is a man with a great story that many americans can relate to. and he's got a different vision and different vision than the one we're hearing from the president. so for those reasons, yes he is many so one standing out amongst the republicans. martha: gretch, thank you very much. alan as always, thanks for being here as well. >> thank you. bill: i drink poland spring. martha: so does marco rubio. poor guy, the duck out of the thing, the sip. you're thirsty. look at it.

it was so far away. what is wrong? his folks clearly should have had a nice big glass the water inside the podium. bill: i'm thinking next time he consults with us. you do it every day. martha: exactly. bill: 20 minutes past the hour now. in a moment there is a pregnant teenager who is now suing her mother and father for trying to force her to get an abortion. there's a lot to talk about on this one. we'll bring that to you. martha: and the affordable health care act, it is the official name of the new health care law. dr. marc siegel argues that he says it is anything but affordable. he will tell us what he is seeing in his practice when he joins us. "america's newsroom" comes right back. tdd#: 1-800-345-2550 seems like etfs are everywhere these days. tdd#: 1-800-345-2550 but there is one source with a wealth of etf knowledge tdd#: 1-800-345-2550 all in one place. tdd#: 1-800-345-2550 introducing schwab etf onesource™.

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bill: there are, there are new concerns about an affordability glitch he said in the president's health care law that could mean millions of americans currently covered by work place insurance through their employer will lose that coverage. dr. marc siegel is on the fox news medical a-team, a professor of medicine at nyu langone medical center. he writes about this at foxnews.com. doctor, good morning to you. >> good morning, bill. bill: your opening line says the affordable care act is turning out anything but. explain. >> because premiums are rising and they will continue to rise because employers are faced with a rule that employees can't pay more than 9.5% of the their income. so employers are going to say, i can't cover that family. i can't cover that. your premiums will be too high for us to afford. they will drop people. people will go to the state exchanges and at the state

exchanges, and i don't think people out there realize this, they are going to have choices of plans that are themselves very comprehensive. bill: how so? >> well the obama administration's calling obama's plan a catastrophic plan. i'm not. i'm calling it comprehensive plan. look what the bronze plan covers. mental health and substance abuse services, prescription drugs, laboratory, preventative and wellness services chronic disease management. pediatric services including oral and vision care. bill: that is a mouthful. >> that is a mouthful and a lot of money to cover that stuff that is why premiums will be high. by the irs estimate it could cost you $20,000 a year to cover a family of five. what may happen is, you lose to the employer plan. you go to the state exchange, bill. you can't afford a plan there and you can't qualify for a subsidy because you make too much money. you say will you have to pay the penalty or the tax? that is the affordability

glitch. the government will say, we'll let you off the hook. only 11 million people will have to pay the penalty. 18 or 19 million will be left off the hook by the irs the first few years. they can't afford premiums but will get the penalty. they can not have insurance. bill: this is the first i heard about the state exchanges offering color-coded systems. four basic types, bronze, silver, gold, platinum, is how it works. >> the platinum, that is cadillac plan. that thing covers everything but the kitchen sink. what i'm concerned about, tell you what it is really like in a doctor's office. i have people who have health savings accounts and catastrophic plans, and they're healthy. i call them the worried well because they only come in only when they're sick. they know they're paying out-of-pocket. they get a tax deduction and they're paying out-of-pocket. if i give them a plan they can use anytime they want they will come in anytime they want. that jacks up health care costs. i want high deductibles in

the health savings accounts returned to the system. this can be modified. dr. ben carson said this the other night. we need health savings accounts expanded so people know what they're buying. if they don't know what they're buying they will get cat scans they don't need, mris they don't need, all kinds of things they don't need. bill: you advocated getting like itemized bill. >> the --. bill: the patient would know what the cost is and how would that change the way they look at care? >> because right now we're dealing with a tremendous amount of overutilization. i had two patients come in the other day saying i want a pet scan of my entire body so i know i don't have cancer. that may sound great. do you have any idea what that costs? thousands of dollars. if patients don't pay for it, they don't care. bill: going to all the cost here now. what are we going to do about that? what happens? >> well i think that if we don't do it this way we're going to be faced with more and more regulations, more and more bureaucracy and less choices for either the physician or the patient. less choices mean unhappy

doctors and unhappy patients. we have got to amend this law and get it to include more payment out-of-pocket. bill: i have a feeling we'll be debating this law for the next several decades. read more about it at foxnews.com. dr. marc siegel's piece is online. >> great to see you. bill: thank you, doc. here is martha. martha: stuff to think about here. back to the ship of horrors. >> she was crying and stuff. said they have no power. they have no running water. they have no way to use the bathrooms. martha: boy, that is the husband of one of the 4,000 passengers who is trapped on a cruise ship with no power and little if anything else. he will be with us live to tell us what it's like on there. bill: this is a terrifying accident caught on tape and the driver after running over people on that street, just keeps on going. we'll let you know how that turns out. t.

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bill: we are awaiting a press conference from the police department in los angeles. we were told to the "associated press" about 40 minutes ago that the driver's license of christopher dorner was found inside that cabin, but frankly there has not been a whole lot more detail or facts given out in the last 12 hours. that press conference when it begins in about 28 minutes should provide we expect a lot more information about what is happening after that manhunt. martha: back to the state of the union last night. kentucky senator rand paul delivered the tea party's

response to the president's speech yesterday evening. he took aim at the president's spending proposals. here is a little bit of that. >> ronald reagan said government is not the answer to the problem, government is the problem. tonight the president told the nation he disagrees. president obama believes the government is the solution, more government, more taxes, more debt. what the president fails to grasp is that the american system that reward hard work is what made america so prosperous. martha: senator paul went onto blame big government for making it more difficult he said for americans to afford to put food on their tables. bill: there is a new effort to save the u.s. post office. right now a senate panel holding a meeting to address the agency's fiscal crisis. it is billions of dollars in the hole. national correspondent steve centanni is on that in washington. what solutions will we hear today do we believe, steve?

>> the post office, bill would like to get out from under a 2006 law passed by congress that requires a $5 billion annual payment for future health benefits for retire aoefplts postal officials say that will go a long way toward building financial solvency for an agency that last year lost $16 billion and last week announced plans to stop delivering first class letters on saturdays, although package delivery would continue. that move to cut saturday differ rewas controversial because it's unclear whether congressional approval would be required first. congressman darrell issa was a witness this morning an supported the move, listen. >> i believe the postmaster is correct that he has the authority, consistent with the law in that he is maintaining a service, but the law never intended him to do it at a loss. >> reporter: the move to cut saturday delivery would save the post office about $2 billion a year, bill. bill: what do they say about it, the postal workers, about saturday delivery being cut? >> reporter: they don't like it. they call it disastrous and they say it could especially hit the

elderly, the disabled and those living in rural areas who may not have computers or internet service and rely heavily on the post office for business and communication. that hearing underway on capitol hill. a chairman of the postal union will be among those who testifies today. one idea proposed by issa was more cluster boxes in residential areas so that would reduce the time that postal workers have to be on the road delivering the mail. a lot of ideas being kicked around. bill: we'll see what they come up with. they have to come up with something. steve centanni on that in washington. martha: a critical news conference is underway in washington right now where the white house is preparing to reveal brand-new details of president obama's latest executive order, this one is aimed at protecting some of the nation's top industries from cyber attacks. now according to a senior administration official the president's order will set up a number of voluntary standards and procedures in order to help

companies fend off these attacks, which everybody is increasingly concerned b. critics argue the plan is highly unrealistic for companies and raises a number of privacy issues for them. bill: getting new reaction from a grieving mother after a gunman killed her son while targeting random vehicles. outside st. paul, minnesota missy, a reurbgs el driving with her son devon on monday when she heard shots and noticed the 9-year-old slumped over in the back of her minivan. >> everybody loved him. he loved school, he loved, math, science. he wanted to be an astronaut. bill: i guess he was also struck in the arm as well inside that minivan. a 34-year-old man under arrest in the shootings. any potential motive, though, remains unclear. martha: awful story. i mean a day does not go by without some sort of shooting story with children involved sadly. bill: you see something like that and it's so random too.

martha: this story is also disturbing on a number of levels. the parents of a pregnant 16-year-old girl are being sued by their daughter. she says that her parents are trying to force her to have an abortion. so where do parental rights end in a case like this? we've got a legal panel, a lot of anchor angles on this story. a fair & balanced look at it coming up. bill: we are awaiting a press conference in los angeles regarding a manhunt that apparently has come to an end here is the mayor. >> our prayers are with the families, with the people of san bernardino, with the sheriff's department of that county. i want to thank them for their braver raoefplt i want to thank all of th bravery. i want to thank all the law enforcements who have tried day and night to bring christopher dorner to justice.

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bill: a lot of reaction to last night's state of the union address. republican leaders in the house just finished a briefing with reporters. here is the house speaker john boehner, his big topic and the big headline deals with the sequestration, these automatic cuts to the pentagon that will put in about 15 days. here is speaker boehner. >> last night the president offered up more of the same. higher taxes, and more stimulus spending. and just as disappointing, we are weeks away from the president's sequester and the president laid out no plan to eliminate the sequester and the harmful cuts that will come as a result of it. bill: right after that the majority leader eric cantor talked about trying to get the president to meet house republicans at least halfway. here is cantor. >> we remain committed to working with this president on issues affecting people at home and the challenges that they face. and we mean business, mr. president, we do want to

work with you. we are willing to say, let's set differences aside and come together to produce results for the people. bill: we have watched these deadlines come, right to the 11th hour and there is another one right around the corner on the calendar, the 1 march is when the cuts are set to take place unless some other resolution is set out. martha: until you know what happens? until they decide it will be the 1st of april, until they move it like they always do. deadlines don't mean much. bill: senator blunt, a lot of these people are talking about them really happening. martha: this is a tke disturbing story this morning. a pregnant teenager is new suing her own parents claiming that they are trying to force her to have an abortion. the 16-year-old girl from texas, she is nine weeks pregnant, she is being identified in this lawsuit with the initials rek, because she is a minor. she says that her parents are being verbally abusive, they've taken away her phone and they are trying to make her life

miserable to go her way. this is part of the lawsuit, a quote from it. denise who is the mother's mother invited the boyfriend's parents to a bar for further discussion where the girl's mom said she might secretly slip her daughter an abortion bill. i'm joined by brian delay ball, an attorney. anlis weil. this girl has been living with her boyfriend's parents for seven months. she is two months pregnant. she has moved out of her family home, living in his family's home. her parents are separated, and there is also information in here about her mother having a drinking issue, we don't know if that is true. but lis this is a mess.

>> reporter: it's a complete mess. the law is clear, i'm talking about a 1979 decision says women have the full right to choose over reproductive rights. if have you the right to choice an abortion you also have the right to not khaos ann khaos an choose an abortion. stkwrao i martha: it seems on the face of it that you could never force another human being, drag them to a clinic to have an abortion. >> i think the overriding issue here is a 16-year-old really a woman as continue phraeupted in rowe vs. wade. you're dealing with a minor. the parents should be involved in the decision process here. for example is the 16-year-old mentally fit to have a child? what if she is suffering from depression? what if she has drug related issues? i think that is something the court should look into and

consider. she is a minor and in our country a minor can't sue you have to have a guardian sue on behalf of the minor. i think there should be some input here as to whether the child is mentally fit to have a baby. >> let's look at the 1979 decision i was referring to. it held that the teenage girl has the absolute legal right to make her reproductive choices. this wasn't about an abortion decision. what is good for the goose is good for the gander. if you can choose to have an abortion you can also choose not to have an abortion. that is a supreme court case right on point. martha: once you get into discussing whether this girl is fit to have this baby don't you have to ask the question, are the parents fit to raise these issues. the parents are going for a meeting with the parents of the boyfriend at a bar, and i'm going to slip her a pill. i don't think they may be able

to make any of these decisions either. standing in front of the boyfriend's parents house staring them down outside their house and scaring these people. that's what we are dealing with here. brian, go ahead. >> this is very odd. usually parents would be supportive of their 16-year-old daughter having the child. here since the parents are so adamant against it maybe there is something beneath the surface that we don't know about. parents know best. martha: not all parents know best. seriously not all parents know best. >> most parents know best. martha: i can't get my mind around -- you guys are the lawyers, around to the fact that in any situation that the parents would -- unless a child is completely incapacitated and unable to make any decisions for themselves lis, it seems it would be impossible for somebody to force someone to carry this out. >> that actually came up in a case in massachusetts where the girl was schizophrenia and all of this. the massachusetts supreme court said no you can't force them to do one way or the other. to answer the point, okay if

there are those issues, i'm not saying there are those issues with this young girl then appoint a guardian ad litem, a lawyer for her to decide what is in the best interest of the child. you wouldn't have the parents beating up on her literally to force her to have an abortion. martha: in terms of her age does she have the right to sue her parents? >> martha, this is the united states of america, yes, you can sue from 12 years on up. yes. she has the right to sue them. here is what she is suing for, she is not suing for any money, she is suing for her reproductive rights and a temporary restraining order saying stay away from me so i can make my own decision. isn't it telling to you that she hasn't lived with her parents for this longtime. martha: it is. let's take a look at one more piece of a quote from this lawsuit to give people a little bit more of the tenor of this discussion. the teen's father the man we were just talking about, lis and i he became extremely angry, was insistent that his daughter, rek was not having the baby and that the decision was not up to her. he stated he was going to take

her to have an abortion and that the decision was his, end of story. this man seems to be very confused about what his rights are, brian. >> well, that's right. but the bottom line here is a judge is going to make a decision and i don't think there is anything wrong with a judge looking at the background of this 16-year-old girl to make a determination as to whether she is mentally fit to have a child. martha: is that really true? is the judge going to be the one to finally make this decision in i don't know. lis? >> that's right. >> your point doesn't make any sense. they started off saying she has no right to sue, no right to be in court that the parents know best. now you're saying the judge is going to make the decision, i'm a little bit confused, i'm sorry. >> i didn't say she didn't have a to sue. i said in our society have you to appoint a guardian ad litem on behalf of a minor to sue for anything in the united states. you should apply the same kind of theory here that a minor is not fit to sue on her behalf so here you need to determine whether she is fit to have a

child. what if she is cutting her wrists? martha: a trouble so many situation across the board and we'll see what more we can learn about it. thank you so much. thank you, lis, good to have you both. >> thank you. bill: fox news confirms by way of the vatican the con california to elect the next pope will begin in mid march. so any cardinal under the age of 80 will soon make his way to vatican city, what's it the 13th of february now, so you would expect maybe four weeks from now, that will be the spth, 14th, maybe 15th of march they will all gather inside the sistine chapel. among those cardinals will be 11 cardinals from the united states who will also be in there to elect the next pope. it was interesting to hear timothy cardinal dolan in new york. amid all the surprise with the announcement of the resignation that he had no idea what happens next for him and how the procedure works. martha: he says i'm waiting for

directions. this is the first time he's been through this process having just been made a cardinal last year. a lot of excitement. it will be very interesting to watch this unfold. bill: in mid march you'll get the con california, and the conclave. two weeks, easter after that. you'd have a new pope in place. martha: by easter. bill: by easter. jon scott standing by. a quick preview of what's happening now. how are you doing. jon: doing well. we are awaiting in just a few minutes a briefing from the los angeles police department on the apparent death of cop killer christopher dorner. if you were watching fox yesterday you saw the dramatic ending to that horrible saga live on our air. we'll have live reports and ask why some people and some media are treating dorner like some kind of modern day bonnie and clyde hero. have you heard about the cruise ship disaster, the stricken ship being towed back to the states. conditions deplorable on board

apparently getting worse by the hour. we'll update you. and karl rove will be here to look forward from the state of the union address. all coming up on "happening now." bill: we'll see you then, jon. thank you. more in a moment right here. i'm breathing better. so now i can be in the scene. advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator working together to help improve your lung function all day. advair won't replace fast-acting inhalers for sudden symptoms and should not be used more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. if you're still having difficulty breathing, ask your doctor if including advair could help

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bill: there were complaints back in notch of extra long voting lines for people to vote and some states looking at new ways to make it easier on the voter and put an end to that frustration. eric shawn has been working on that story. live now how bad is the problem? >> reporter: if you voted and voted last november you know about the complaints and long lines in some places across the country. marched the election for some. last night during the state of the union the president announced a new bipartisan commission tow try to make voting easier. he cited the case of this voter from florida, 102-year-old desoline victor who the president said waited in line

for hours. florida was considered the worst state for waiting. one study estimated about 200,000 people just gave up. the secretary of state of california ken detser told ulgs he is working on ways to fix the problems. he wants more polling places staffed and open for longer hours. >> voting behavior is changing, and our laws need to change, the administration of our laws need to change, and we node to keep up with the pace of the demand of the voting public, and florida is prepared to do that. >> reporter: the lines were excessive in some places, an mit study found the actual average wait across the country was 13 minutes. florida, they say was the longest at 45 minutes. and vermont voters, they were the luckist, in and out in two minutes. the study also said only 13% of voters said they waited more than half an hour and that one-third of all voters said they didn't wait at all, bill. bill: wow, i like that. what else is being done to

alleviate? >> reporter: there are various issues and some proposals. there was a new bill in the senate, it's called the line act, its goals to keep wait times under one hour. experts say it's an initiative that effects everybody. >> there is overwhelming support in the public among democrats and republicans alike for basic national standards for voting to minimize long lines. this is not a partisan issue. all americans had to wait in long of all political backgrounds. >> reporter: another proposal includes mandating online voter registration to troy and streamline the process, bill. bill: six minutes here in new york, just for the record. eric shawn with us, thank you. martha: we are minutes away no from a police news conference where we are waiting to hear if in fact the epic manhunt that we watche watched play out yesterday afternoon for the triple murder suspect is in fact over. we'll take you there live when "america's newsroom" comes right

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bill: press